The Wagon Mound Case In this case, the appellants’ vessel was taking oil in Sydney Harbor at the Caltex wharf. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Liability for negligence is limited to the damages that were foreseeable. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. Overseas Tankship (U. K. ) Limited v. The Miller Steamship Co. Pty. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388. Through the carelessness of their servants, a large quantity of oil was allowed to spill into the harbour. Facts 404 (Privy Council Austl.)). Email This BlogThis! Access This Case Brief for Free With a 7-Day Free Trial Membership. Case Summary for Overseas Tankship (U.K.) Ltd. v. Mort’s Dock & Engineering Co., Ltd. (The Wagon Mound) Privy Council, 1961. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. The" Wagon Mound" unberthed and set sail very shortly after. B. The crew negligently allowed furnace oil to leak. Facts: The issue in this case was whether or not the fire was forseeable. THE WAGON MOUND [1961] A.C. 388 Landmark decision. Posted by DENIS MARINGO at 4:54 AM. The Wagon Mound is one of the classic proximate cause cases in Anglo-American law (Overseas Tankship (UK), Ltd. v. Morts Dock & Eng’g Co. (The Wagon Mound No. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. (Wharf lit on fire by oil spilled from nearby ship.) ... this aspect of the matter not because they wish to assert that in all respects to-day the measure of damages is in all cases the same in tort and in breach of contract, but because it emphasises how far Polemis was out of … 1) [1961] 1 All E.R. Share to Twitter … 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio 6 Notes Morts owned and operated a dock in Sydney Harbour. The escaped oil was carried by wind and tide beneath a wharf owned by the respondents, who were shipbuilders and ship-repairers. The most we can say is that: (1) a tort is a civil wrong committed by one person against another; and (2) torts can and usually do arise outside of any agreement between the parties. TORT CASES (DENIS MARINGO) TORT, TORTS, TORT CASES, LAWSUITS, PERSONAL INJURY LAWYER, DEFAMATION LIBEL SLANDER NEWSPAPERS INNUENDO, SLIP AND FALL, NEGLIGENCE, DAMAGES, NUISANCE ... 2013. Limited and another (Wagon Mound No 2), Judicial Committee of the Privy Council on appeal from the Supreme Court of New South Wales, 1966 There are extracts from this case at p. 80 of Weinrib and then a summary of the result of this case … ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. A large quantity of oil was spilled into the harbour. This ruling overturns the Polemis concept that a defendant is responsible for […] Categories: There are three broad categories of torts, and there are individual named torts within each category: 1. Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. 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